Bankruptcy (Court)

BANKRUPTCY (COURT)

There are 94 federal judicial districts that handle bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court. Bankruptcy cases cannot be filed in state court. Bankruptcy laws help people who can no longer pay their cerditors, get a fresh start by liquidating their assets to pay their debts, or by creating a repayment plan.

Bankruptcy laws also protect troubled businesses and provide for orderly distributions to businesses and provide for orderly distributions to business cerditors through reorganization or liquidation. These procedures are covered under Title 11 of the United States Code (the Bankruptcy Code). The vast majority of cases are filed under the three main chapters of the Bankruptcy Code, which are Chapter 7 - Liquidation Under the Bankruptcy Code, Chapter 11 - Reorganization Under the Bankruptcy Code, and Chapter 13 - Individual Debt Adjustment.

To report suspected bankruptcy fraud, please prepare a written summary that contains the following information:

REQUESTED INFORMATION:

Name and address of the person or business you are reporting

The name of the bankruptcy case, case number and the location of where the case was filed

Any identifying information you may have regarding the individual or the business

A brief description of the alleged fraud, including how you became aware of the fraud and when the fraud took place. Please include all

Identify the type of asset that was concealed and its estimated dollar value, or the amount of any unreported income, undervalued asset, or other omitted asset or claim

Your name, address, telephone number and email address. You are not required to identify yourself, though it is often helpful to do so if questions arise

The likelihood of further investigation and possible criminal prosecution is increased for those matters where supporting documentation and specific factual information are provided. Any information by the United States Trustee Program is authorized by 28 U. S. C. section 586.

Matters may also be referred directly to the local office of the United States Trustee.

Some individuals prefer to file for bankruptcy without legal assistance; however, the process is very complicated and individuals may need the advice of an attorney. There are many "how to" books and Internet Web sites available to consumers.

In the case of a Chapter 7 filing (called a "straight bankruptcy"), the debtor gives up any property that is not exempt, and is released from many kinds of debts, but not all debts. Examples of debts that are not eliminated are taxes, fines, alimony, child support, debts procured through fraud, debts from willful and malicious injury, and certain government-guaranteed student loans. If a debt is secured by the debtor's property (e.g., a car), the creditor can take the property if the debt isn't paid. Many kinds of property are exempt and don't have to be given up. Examples include the equity in the debtor's business (up to a certain amount) and the tools of the debtor's trade.

A Chapter 7 trustee identifies the debtor's non-exempt property, and then makes a pro rata distribution of that property to qualified creditors who submit proofs of claim to the trustee. The trustee also considers whether there are fraudulent transfers that can be recovered from which creditors can be paid.

In the case of a Chapter 13 filing, debtors will pay a percentage of the debt owed to clear their credit over a period of several years pursuant to a court-approved payment plan. A Chapter 13 trustee reviews the debtor's arrangement with the federal bankruptcy court and gathers and distributes payments made by the debtor. A court order prevents creditors and debt collectors from suing.